[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47477-47479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-815]


Light-Walled Rectangular Pipe and Tube: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 6, 2017, the Department of Commerce (Department) 
published the preliminary results of the 2015-2016 administrative 
review (AR) of the antidumping duty (AD) order on light-walled 
rectangular pipe and tube (LWRPT) from Turkey for the period May 1, 
2015, through April 30, 2016 (POR). Based on our analysis of the 
comments received, we made changes to the margin calculations for the 
final results of this AR. The final weighted-average dumping margins 
are listed below in the ``Final Results of Review'' section of this 
notice.

DATES: Applicable October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,

[[Page 47478]]

Office IV, Enforcement & Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3518.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2017, the Department published in the Federal Register 
the preliminary results of the 2015-2016 AR of the AD order on LWRPT 
from Turkey.\1\ For events subsequent to the Preliminary Results, see 
the Department's Issues and Decision Memorandum.\2\ This review covers 
nine producers/exporters of subject merchandise, including the two 
respondents selected for individual examination: Agir Haddecilik A.S. 
(Agir), Cayirova Boru Sanayi ve Ticaret A.S., CINAR Boru Profil Sanayi 
ve Ticaret A.S., Noksel Celik Boru Sanayi A.S., Toscelik Metal Ticaret 
A.S., Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., 
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Yucel Boru ve Profil 
Endustrisi A.S.
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    \1\ See Light-Walled Rectangular Pipe and Tube from Turkey: 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 26044 (June 6, 2017) (Preliminary Results) and 
accompanying Decision Memorandum from Gary Taverman, Deputy 
Assistant Secretary, Antidumping and Countervailing Duty Operations 
to Ronald K. Lorentzen, Acting Assistant Secretary, Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of the 
2015-2016 Antidumping Duty Administrative Review of Light-Walled 
Rectangular Pipe and Tube from Turkey,'' dated May 31,2017 
(Preliminary Decision Memorandum).
    \2\ See Memorandum from James Maeder, Senior Director, 
performing the duties of Deputy Assistant Secretary for Antidumping 
Duty and Countervailing Duty Operations to Gary Taverman, Deputy 
Assistant Secretary, Antidumping and Countervailing Duty Operations 
performing the non-exclusive functions and duties of the Assistant 
Secretary for Enforcement and Compliance ``2015-2016 Antidumping 
Duty Administrative Review of Light-Walled Rectangular Pipe and Tube 
from Turkey: Issues and Decision Memorandum for the Final Results,'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).
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Scope of the Order

    The merchandise subject to this order is certain welded carbon 
quality light-walled steel pipe and tube, of rectangular (including 
square) cross section, having a wall thickness of less than 4 mm.\3\ 
The welded carbon-quality rectangular pipe and tube subject to this 
order is currently classified under the Harmonized Tariff Schedule of 
the United States (HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. 
While HTSUS subheadings are provided for convenience and CBP's customs 
purposes, our written description of the scope of the order is 
dispositive.
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    \3\ For a complete description of the scope of the order, see 
Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
revisions to our preliminary calculations of the weighted-average 
dumping margins for the mandatory respondents, CINAR and Noksel.\4\ 
Regarding CINAR, the Department modified CINAR's home market and margin 
calculation programs to capture all domestic brokerage and handling 
expenses and revised the date parameters that define home market and 
U.S. sales. Regarding Noksel, the Department modified Noksel's U.S. 
margin program to exclude certain sales that were entered outside of 
the POR.
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    \4\ See Issues and Decision Memorandum at comments 7, 8, and 11.
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Final Determination of No Shipments

    In the Preliminary Results, we found that one company, Agir 
Haddecilik A.S., had no shipments during the POR.\5\ Consistent with 
the Department's assessment practice, the Department completed the 
review with respect to Agir.\6\ For these final results, we continue to 
find that Agir had no shipments during the POR.\7\ As noted in the 
``Assessment'' section below, the Department will issue appropriate 
instructions with respect to this company to CBP based on our final 
results.\8\ In addition, Agir will maintain its dumping margin from the 
most recently completed segment of this proceeding in which it 
participated., i.e., 0.00 percent.\9\
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    \5\ See Preliminary Results.
    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
    \7\ See Issues and Decision Memorandum at Comment 1.
    \8\ See ``Assessment'' section of this notice, below.
    \9\ See Light-Walled Rectangular Pipe and Tube from Turkey: 
Final Results of Antidumping Duty Administrative Review; 2014-2015, 
81 FR 28823 (May 10, 2016).
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Final Results of Review

    As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Cinar Boru Profil Sanayi ve Ticaret A.S....................        18.16
Noksel Celik Boru Sanayi A.S...............................         4.93
Agir Haddecilik A.S........................................          (*)
Toscelik Profil ve Sac Endustrisi A.S......................         7.22
Toscelik Metal Ticaret A.S.................................         7.22
Tosyali Dis Ticaret A.S....................................         7.22
Yucel Boru ve Profil Endustrisi A.S........................         7.22
Yucelboru Ihracat Ithalat ve Pazarlama A.S.................         7.22
Cayirova Boru Sanayi ve Ticaret A.S........................         7.22
------------------------------------------------------------------------
* No shipments or sales subject to this review.

    Consistent with the Preliminary Results, we calculated a weighted-
average margin for the
    companies not selected for individual examination (i.e., Cayirova 
Boru Sanayi ve Ticaret A.S., Toscelik Metal Ticaret A.S., Toscelik 
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., Yucelboru 
Ihracat Ithalat ve Pazarlama A.S., and Yucel Boru ve Profil Endustrisi 
A.S.) using the weighted-average dumping margins of the individually-
examined respondents, based on their publicly available, ranged total 
U.S. sales values of the selected respondents. The resulting weighted-
average dumping margin being assigned

[[Page 47479]]

to the non-individually examined respondents is 7.22 percent.\10\
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    \10\ See Memorandum from Jonathan Hill, International Trade 
Compliance Analyst, AD/CVD Operations, Office IV, Enforcement and 
Compliance to The File ``Final Results of the 2015--2016 Antidumping 
Duty Administrative Review of Light-Walled Rectangular Pipe and Tube 
from Turkey: Calculation of the Rate for Respondents Not Selected 
for Individual Examination,'' dated concurrently with this notice.
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Disclosure

    The Department intends to disclose the calculations performed for 
these final results of review within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    The Department shall determine and Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries.\11\ 
The Department calculated importer-specific ad valorem antidumping duty 
assessment rates by aggregating the total amount of dumping calculated 
for the examined sales of each importer and dividing each of these 
amounts by the total entered value associated with those sales. The 
Department will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review where an importer-specific 
assessment rate is not zero or de minimis. Pursuant to the Final 
Modification for Reviews, we will instruct CBP to liquidate without 
regard to antidumping duties any entries for which the importer-
specific assessment rate is zero or de minimis. Additionally, because 
the Department determined that Agir Haddecilik A.S. had no shipments of 
the subject merchandise, any suspended entries that entered under the 
company's case numbers (i.e., at the company's rate) will be liquidated 
at the all-others rate effective during the period of review, 
consistent with the Department's practice.
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    \11\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for respondents 
noted above will be the rate established in the final results of this 
administrative review; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original investigation, but the producer is, the cash deposit rate 
will be the rate established for the most recent period for the 
producer of the merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 27.04 percent, the 
all-others rate established in the investigation.\12\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \12\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73 
FR 19814 (April 11, 2008).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    This notice of the final results of this antidumping duty 
administrative review is issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR 
351.221(b)(5).

    Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Scope of the Order
Discussion of the Issues
I. General Issues
    Comment 1: Cash Deposit Instructions
    Comment 2: Assessment of Antidumping Duties
II. Company Specific Issues
    Agir Haddecilik A.S.
    Comment 3: Finding of No Shipments
    CINAR Boru Profil Sanayi ve Ticaret A.S.
    Comment 4: Certificate of Service
    Comment 5: Duty Drawback Adjustment
    Comment 6: Product Characteristic Modification
    Comment 7: Home Market and Margin SAS Program Date Parameters
    Comment 8: U.S. Brokerage and Handling (B&H) Expenses
    Noksel Celik Boru Sanayi A.S.
    Comment 9: Duty Drawback Adjustment
    Comment 10: Imputed Home Market Credit Expenses
    Comment 11: Inclusion of Certain Sales Outside of the POR
    Comment 12: Application of AFA to a U.S. Sale
    Comment 13: Application of AFA Based on CBP Entry Data
Recommendation

[FR Doc. 2017-22072 Filed 10-11-17; 8:45 am]
 BILLING CODE 3510-DS-P